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THADAMMEK · Dec 2, 2012, 09:33 PM

I have recently moved to a different state and my ex is threatening to take me to court for full custody by saying I abandoned our 15 year son. We currently have joint custody with split physical custody of our two sons. I moved in July and talk to my son at least once a week. I know that there has to be a certain length of time without contact but can't seem to find what that length is.

GV70 · Dec 3, 2012, 03:58 AM

Indiana Code section 31-9-2-0.4 defines an abandoned child as a child who appears to be less than 45 days old and is knowingly left with an emergency healthcare provider without an intention by the parent or guardian to return. Indiana Code section 31-9-2-0.5 defines an abandoned infant as one who is less than 12 months old and is intentionally left by a parent, guardian or custodian in a dangerous place or in a medical facility that has not agreed to take care of the child.
Abandonment as Neglect

Abandonment is also part of the definition of child neglect found in Indiana Code section 35-46-1-4. Under the statute anyone who has the responsibility to care for a dependent child commits the crime of neglect if that person intentionally abandons the child. The basic crime of neglect is a Class D felony in Indiana, but it can be a more serious crime if the child is injured or harmed as a result of the abandonment.
Termination of Parental Rights

In certain circumstances courts have the power to terminate parental rights under Indiana Code Section 31-34-21-5.6. If a parent has been convicted of child neglect, which includes abandonment, as a Class B felony, or if the child was an abandoned infant under the statutory definition in Indiana Code section 31-9-2-0.5, parental rights can be terminated. Conviction for child neglect as a Class B felony means that some harm came to the child as the result of the parent's abandonment. If parental rights are terminated, the parent becomes a legal stranger to the child with no rights of contact. The child can be adopted as the legal child of a stepparent or other adoptive parent.

ScottGem · Dec 3, 2012, 04:08 AM

No you did not abandon your child and he will not get full custody on those grounds. However, it is probably no longer practical for you to maintain "split physical custody". So he can go back to the courts and request (and probably get) a modification of the custody order.

I would suggest that YOU beat him to the punch. That you file for a modification. I'm assuming by "split physical custody" you each had the child half the time. So instead, you ask for significant time during the summer and alternate school holidays. Of course transportation will probably be at your expense since the decision to move was yours.

Bottom line is you chose to move. It would have been better if you had asked for the modification before you moved.

THADAMMEK · Dec 3, 2012, 11:32 AM

No by split physical custody I mean he has physical custody of one child and I the other. When I chose to move my ex was fully aware of when, why, and where and had no issues with it.

ScottGem · Dec 3, 2012, 11:33 AM

So you moved with the other child. Now he wants full custody of both or just the child that stayed with him?

THADAMMEK · Dec 3, 2012, 11:48 AM

Originally Posted by ScottGem

So you moved with the other child. Now he wants full custody of both or just the child that stayed with him?

Actually I didn't move with our other child he is still in my former state but living with my sister as he is almost 17 and didn't want to leave his job. He says he wants full custody of both children. The oldest child has nothing to do with his father and the youngest only does because there are no rules at dads house. Where would I find info on medical neglect if that is even something I can find info on.

ScottGem · Dec 3, 2012, 01:18 PM

Your sister has no legal authority to care for your son. If any medical treatment is needed she would have to go to either you or the father for authorization.

But I really can't see him winning a case that you have abandoned your children.

THADAMMEK · Dec 3, 2012, 01:21 PM

Originally Posted by ScottGem

Your sister has no legal authority to care for your son. If any medical treatment is needed she would have to go to either you or the father for authorization.

But I really can't see him winning a case that you have abandoned your children.

My sister has temporary guardianship. I was assured this would be sufficient should he need medical treatment.

ScottGem · Dec 3, 2012, 01:23 PM

Originally Posted by THADAMMEK

My sister has temporary guardianship. I was assured this would be sufficient should he need medical treatment.

Assured by whom. Did the father agree to giving your sister guardianship? Since you have joint legal custody, he would have to have done so for the temporary guardianship to be valid.

THADAMMEK · Dec 3, 2012, 01:44 PM

Originally Posted by ScottGem

Assured by whom. Did the father agree to giving your sister guardianship? Since you have joint legal custody, he would have to have done so for the temporary guardianship to be valid.

Yes he agreed.Assured by the attorney that notarized the guardianship paper

ScottGem · Dec 3, 2012, 02:49 PM

OK, as long as he agreed.